FastCounsel

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Understanding Nebraska Will Requirements

In Nebraska, a valid will must follow specific rules. The decedent (testator) must be at least 18 years old and of sound mind when executing the document. The will must be in writing, signed by the testator (or by another person at the testator’s direction), and witnessed by at least two competent individuals. See Neb. Rev. Stat. § 30-2310 for details.

Steps to Locate and Verify a Will or Other Documents

Follow these practical steps to confirm if the decedent left estate planning papers:

1. Search Personal Files: Check home offices, file cabinets, safe deposit boxes and digital storage (e-mail, cloud drives).
2. Contact the Decedent’s Attorney: Attorneys often retain original wills or client files. Ask if they hold any estate documents.
3. Visit the County Court: Nebraska allows voluntary deposit of wills for safekeeping. The clerk of the district court keeps deposited wills under Neb. Rev. Stat. § 25-2115. Inquire at the county where the decedent lived.
4. Check with the Bank: Banks may hold safe deposit boxes containing wills or trusts. You’ll need court authorization or a death certificate to access.
5. Ask Family Members: Close relatives may know of signed or unsigned documents. They can point you to where papers are stored.
6. Explore National and Online Registries: Services like the National Will Registry can help locate electronically registered wills.

Verifying Validity of Found Documents

If you locate a will or trust, confirm it meets Nebraska requirements:

• Check for the testator’s signature and date.
• Ensure two witness signatures are present.
• Look for a self-proving affidavit, which expedites probate. See Neb. Rev. Stat. § 30-2320.

When No Will Surfaces

If you cannot find a valid will, the estate will pass under Nebraska’s intestacy laws. The court will distribute assets to heirs according to Neb. Rev. Stat. § 30-2321. You then petition the court to appoint a personal representative for administration.

Helpful Hints

• Keep an inventory of places you’ve searched to avoid duplication.
• Obtain certified copies of the death certificate for court and bank purposes.
• Request a probate file search at the decedent’s last county of residence.
• Document all communications with institutions and family regarding the estate.
• If you suspect a trust, ask for a copy from the drafting attorney or trustee.